General Rules.

As amended through April 4, 2024

General Rules.

R.P. 1.1. ADOPTION OF RULES - AMENDMENTS.

These rules were adopted on January 10, 1966, and may be amended from time to time by the Superior Court (with approval of the supreme court). These rules may be cited as R.P.

R.P. 1.2. POWERS OF ADMINISTRATIVE JUDGE.

Notwithstanding anything in these Rules of Practice to the contrary, the Presiding Justice of the Superior Court as the Administrative Judge, by virtue of 8-2-4 of the General Laws, shall continue to have and exercise the powers therein given to him or her.

R.P. 1.3. COURT HOURS.

Except on holidays the Superior Court shall ordinarily sit from 9:30 a.m. to 12:30 p.m. and from 2 p.m. to 4:30 p.m., Mondays through Fridays, unless the presiding justice shall order otherwise.

R.P. 1.4. AGREEMENTS.

All agreements of parties or attorneys touching the business of the court shall be in writing, unless orally made or assented to by them in the presence of the court when disposing of such business, or they will be considered of no validity.

R.P. 1.5. WITHDRAWAL AND EXCUSE OF ATTORNEYS.

(a)Withdrawal of Attorney. No attorney appearing in any case will be allowed to withdraw without the consent of the court. Except where another attorney enters an appearance at the time of such withdrawal, all withdrawals shall be upon motion with reasonable notice to the party represented. No such motion shall be granted unless the attorney who seeks to withdraw shall file with the clerk the last known address of his or her client, or the client files his or her address, and in either situation the address which is filed shall be the official address to which notices may be sent.

(b)Excuse from Attendance. An attorney's request to be excused from attendance from the Superior Court shall be submitted by email to the presiding justice at SCExcusal@courts.ri.gov and shall be served in accordance with Rule 5 of the Superior Rules of Civil Procedure upon the attorney of record of the adverse party for all matters the moving attorney is scheduled to attend including every trial, hearing, motion, calendar call, status conference, and other proceeding preliminary to trial on the merits.

The motion shall contain the following information:

(1) The period of time for which the excuse is requested.

(2) The reason upon which the request is based. Where the motion is based upon a matter which is personal or confidential in nature, the movant may arrange to meet with the Presiding Justice privately prior to the filing of the motion.

(3) The file number and caption of every cause assigned during the period for which the excuse is sought and the name of the attorney of record for each of the adverse parties to that cause.

(4) Where the cause assigned is a trial on the merits, the movant shall obtain approval to be excused for the period requested from the justice in charge of the trial calendar.

(5) Where the cause assigned is a proceeding preliminary to a trial on the merits, the movant shall state whether substitute counsel will attend at that proceeding or whether the proceeding will be continued with the agreement of the attorney of record for the adverse party and, where the justice so requires, with the agreement of the justice before whom the proceeding is scheduled.

(6) Where the movant has no cause assigned during the period for which the excuse is sought, a representation of that fact shall be made.

(7) A certification that the movant has served a copy of the motion on each attorney of record for each of the adverse parties whose cause is assigned during the period for which the excuse is sought.

An attorney of record for an adverse party who objects to the motion shall file an objection by email to the presiding justice at SCExcusal@courts.ri.gov immediately upon receipt of the submission. The presiding justice may conduct a hearing on the objection.

(c) Illness or Absence of Attorney. In case of sudden illness of an attorney, or the attorney's absence from court from some other imperative and unforseen cause, the court shall take such action, without notice, as shall appear reasonable in the circumstances.

R. P. 1.6. CASE FILINGS.

Every memorandum of law filed with the court shall be printed or typewritten, shall be on good paper and distinctly legible, shall be signed by the attorney presenting it, and shall contain (1) a brief and concise statement of the case, (2) the specific questions raised duly numbered, and (3) the point made, together with the authorities relied on in support thereof. In cases where it may be necessary for the court to go into an examination of record evidence, each party shall briefly specify in his or her brief the leading facts which the party deems established by the evidence, with a reference to the pages where the evidence of such facts may be found. The size of the paper shall be 8 1/2" x 11" with not less than one inch margin on each side. The size of. type to be used in printing briefs shall be that used in the text of Rhode Island Reports, as near as may be.

Briefs shall be bound on the left side of the front page and not at the top.

R. P. 1.7. PROBATE APPEALS.

Probate appeals shall be entitled by the appellant's attorney under the name of appellant against appellee and not against probate courts. The reasons of appeal shall contain the names and residences of all the appellants and the names and residences of the adversary parties who entered appearances in the probate court.

R. P. 1.8. CRIMINAL INJURIES COMPENSATION ACTIONS.

(a)Assignment and Hearing. Unless otherwise ordered by the Presiding Justice, those civil actions filed under the provisions of Chapter 25 of Title 12 of the General Laws of Rhode Island, "Criminal Injuries Compensation Act," shall be assigned and heard by the administrator/master of the superior court in the chronological order in which such action was filed on a statewide basis.

In order to assure fairness in the distribution of those monies available from the "violent crimes indemnity fund," no order approving a settlement by the treasurer and the claimant shall be entered by the court until such action has been called in the chronological order of its being filed, unless otherwise ordered by the Presiding Justice, or the administrator/master, upon good cause being shown.

In order to assist counsel, a list of those cases filed under the "Civil Injuries Compensation Act" shall be on file in each of the superior court clerk's offices.

(b)Attorney's fees. In determining the amount of compensation to be awarded an attorney in the prosecution of an action pursuant to the Criminal Injuries Compensation Act (Chapter 25 of Title 12) the court shall consider the time expended by the plaintiff's attorney in preparation and in court attendance, the total amount awarded to the plaintiff for injuries incurred, and the amount of revenue in the violent crimes indemnity fund, together with the number and the nature of claims pending against it.

The amount of compensation awarded to plaintiff's attorney shall not exceed fifteen percent (15%) of the total amount awarded to said plaintiff; or two thousand dollars ($2,000), whichever is less; provided however, that in unusual circumstances, the court may award a larger attorney's fee if it finds that a departure from the limits set forth herein is warranted, stating specific reasons upon which said finding and award is based.

R. P. 1.9. CANCELLATION OF COURT SESSIONS - ADVERSE WEATHER CONDITIONS.

Providence and Bristol Counties. In the event of a public announcement made prior to the beginning of court sessions that because of adverse weather conditions there shall be no sessions of the Superior Court, or that the Superior Court shall be closed for the day, such announcement shall mean that all trials (jury and non-jury), all hearings and all conferences shall be cancelled. Said trials, hearings and conferences shall receive priority the next court day.

In the event that trials, hearings and conferences are in progress while inclement weather is developing, the presiding justice will provide notification to the justices presiding at such trials, hearings and conferences whether such trials, hearings and conferences should be adjourned for the day.

Kent, Washington and Newport Counties. In the event of adverse weather conditions, whether such conditions exist prior to the beginning of court sessions or develop while court is in session, the senior associate justice assigned to Kent, Washington and Newport Counties, respectively, after consultation with the Presiding Justice, shall determine whether Superior Court sessions will be cancelled, or will continue, as the case may be.

R.P. 1.10. UNAUTHORIZED VIDEO AND AUDIO RECORDING PROHIBITED.

(a) All media coverage of judicial proceedings is permitted in accordance with Article VII of the Supreme Court Rules.

(b) Except as provided in subsection (a), no person shall engage in any tape recording, video or audio taping or photographing of any proceeding of the Superior Court including any conference, formal or informal, conducted by any justice or master of the Superior Court without the express authorization of the trial justice or master and the assent of all parties.

Last amended effective 5/24/2017; amended by Order dated June 22, 2017, effective 9/5/2017.